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State: Tyngsboro veterinarian 'abusive' toward workers

BOSTON -- A Lowell veterinary technician who suffered "abusive" treatment by her boss because she is a woman was effectively forced out of her job, a state agency has ruled.

The Massachusetts Commission Against Discrimination ruled that Maryalice Gary, 55, a 23-year veterinarian technician, was "constructively terminated" when she quit her job as a veterinary technician due to alleged abusive verbal treatment and derogatory remarks made by Tyngsboro veterinarian Dr. John Spodick, owner of Swan Corner Animal Hospital (Little Creatures Inc.), at 164 Westford Road.

"The evidence is this case is that Spodick engaged in behavior that was unwelcome and sexually offensive to Gary and other female employees in the workplace, while also perpetrating numerous offensive acts of gender-based hostility toward female employees," MCAD hearing officer Judith Kaplan wrote in her decision.

"The stress and hostility of her workplace affected her physically and psychologically and ultimately resulted in her constructive discharge," Kaplan wrote.

As a result, Kaplan awarded Gary $35,000 in emotional-distress damages and six months' wages for constructive termination, said Gary's attorney, Matthew Donahue of Lowell-based Eno Martin Donahue LLP. With interest, the award is worth about $75,000, Donahue said.

Spodick vehemently denied the allegations, telling The Sun, "The case and the decision were based on perjury by Mrs. Gary. There is no merit.''

As for Kaplan's decision, Spodick said, "I do not know what reality that person is living in. I will never, ever give one bit of credence to the conclusions of the hearing officer.

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As part of her decision, Kaplan ordered Spodick to cease discriminating against employees based on gender, and to conduct a four-hour training session on unlawful discrimination and harassment, which all employees are required to attend.

"This was a big step for these women to come forward and confront the years of hostile work environment created at Little Creatures," Donahue said.

According to Kaplan's report, Spodick continually denied the allegations against him during the hearing. Kaplan also noted that Gary testified that she had a self-deprecating manner in which she jokingly referred to herself as "mother bitch goddess."

Gary said she used that phrase to describe herself, but she countered, "Of course, we joked, but there are boundaries."

Gary praised Spodick as a good veterinarian, but said the office environment was hostile.

Gary said the complaint was never about money.

"I wanted him to take sexual-harassment classes," she said. "The goal was to stop this behavior from happening."

Donahue described this as a case of "serial harassment of female employees over a period of several years."

"Five women testified at an MCAD hearing in June about various degrees of abusive verbal treatment and derogatory remarks by Dr. Spodick," he added.

One of the female witnesses testified at the MCAD hearing that Spodick commented on the size of her breasts, Kaplan wrote. Another testified that Spodick threw a file at her and asked if she had breast implants, Kaplan wrote.

Kaplan noted in her decision that she credited Gary's testimony and that of the other women who testified that there was sexually explicit paraphernalia around the workplace, including a Chippendale's calendar of male strippers in the break room, and that a song with sexually suggestive music was played in all the rooms. Spodick allegedly had a pornography site on a computer in the treatment room and a screen saver with the image of a naked man.

A mouse pad located at the hospital's pharmacy computer bore the phrase, "The Internet is for porn.''

Spodick testified that phrase was from the title of a song from the musical, "Avenue Q,'' which he said made it acceptable, Kaplan wrote.

Gary worked as a vet tech, for $19.50 per hour, from September 2005 until March 6, 2008, when she left work after an incident with Spodick and never returned. Gary testified that due to Spodick's treatment of her, she didn't leave the house or answer the phone for six months, and never looked for work again.

She has been diagnosed with "major depression, anxiety disorder with agoraphobia," along with post-traumatic stress disorder, according to Kaplan's report.

Spodick said Gary was a friend of 15 years who knew his personality before she worked for him for 2 1/2 years. He described Gary as someone who couldn't do the job, but as a longtime friend, he couldn't fire her.

Spodick said Gary devised these "concocted stories" and then got other disgruntled employees to agree to them.

"When money is involved ... ," Spodick said.

Spodick, who said he is struggling financially, didn't appeal the MCAD's decision because he said it is cheaper to pay the verdict than to pay a lawyer to fight it in court. He said he plans to schedule anti-discrimination/anti-harassment training in a few weeks.

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